Legal advice needed for employment issues

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I don't know their policy, but usually if you don't use your vacation days by the end of they year you lose them.
Vacation days don't 'roll over' in most cases nor do sick days.

She should have been taking them each year....

Again, I have no knowledge of their policy, but this is what I know to be the case in most companies.

Sage, believe me she takes her vacation. lol
She has worked herself up to 2 weeks for 2004. She has taken them in the past. He is just being a jerk about ok'ing her for vacation this year because he knows she is leaving.
So, we are trying to figure out if she can give her last day of mid april now and but that her final two weeks she will be taking her vacation days.
I'm going to have her call unemployment and see what they say about things.

They don't have a manual, things are very backwards in her office. She will most likely take her vacation here and there because she wants to go to NC to pick out furniture and also to visit us in Texas but since my Dad can't take his, he is a computer programmer and handles payroll for a major financial firm and can't take vacation from Jan 1st till April 15th since he handles all of their W-2's etc she is interested in seeing if she can get it just added to her last day of employment and get the money.

Call the Dept. of Labor. They can probably help you out. I'm pretty sure if the time is owed to her it must be paid Don't quote me though

Here is the website


Dept. of Labor

Found this.

Q: When an employee resigns -- or is discharged -- from a job, is the employer required to pay the employee for any accrued, unused vacation time?

A: Whether an employer is obligated to pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held [in Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980)] that an agreement to furnish benefits or wage supplements, such as vacation, can specify that employees forfeit accrued benefits under certain conditions. To be valid, the employer must have notified employees, in writing, of the conditions that nullify the benefit.





If an employee has earned vacation time -- and there is no written forfeit policy, the employer must pay the employee for the accrued vacation.


Sounds like he has to pay your Mom

If she works in NY: If the company has a policy regarding termination and vacation days (written or sometimes via past practice), the employer must follow that policy. Otherwise, you are not entitled to payment of vacation or sick or personal time or a raise. These are given at the employer's discretion and are not regulated by law (unlike overtime).


You can check the New York State Department of Labor website (www.nysdol.gov - I think) for additional information.